10-22-2002 BA MIN MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, OCTOBER 22, 2002
Members Present: Chair Pederson, Commissioners Anderson and Jenson
Commissioner Ropp arrived at 6:57 p.m.
Members Absent: Commissioner Franz
Staff Present: Michele McPherson,Director of Planning:Scott Harlicker,Senior Planner;
Terry Maurer, City Engineer; Charlie Wilson, City Attorney; Debbie
Huebner,Recording Secretary
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River Board of Adjustments
was called to order at 6:57 p.m. by Chair Pederson.
2. Consider 10/22/02 Board of Adjustments Agenda
COMMISSIONER JENSON MOVED TO APPROVE THE OCTOBER 22,2002
BOARD OF ADJUSTMENTS AGENDA. COMMISSIONER ANDERSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
3. Consider 9/24/02 Board of Adjustments Minutes
COMMISSIONER ANDERSON TO APPROVE THE SEPTEMBER 24, 2002
BOARD OF ADJUSTMENTS MINUTES. COMMISSIONER JENSON
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.1. Request by Bob and Mary Lubrecht for a Rear Yard Setback Variance,Public Hearing—
Case No. V 02-06
Staff report presented by Scott Harlicker. Bob and Mary Lubrecht, 19758 Rush Street,
request a variance to reduce the rear yard setback from 30 feet to 15 feet in order to allow
the construction of a four-season porch. Mr.Harlicker noted that the existing deck shown
in the photographs already encroaches into the setback. He explained that the existing home
was built in 1971 when the property was part of the township and building was regulated by
Sherburne County. Mr. Harlicker stated that the property was zoned R1a when the
township was incorporated. Mr.Harlicker reviewed the existing conditions on the site and
the five findings required for granting a variance. Staff recommends approval of the request
based on the findings listed in the staff report.
Chair Pederson opened the public hearing. There being no further public comment,Chair
Pederson closed the public hearing.
Commissioner Jenson asked when the township was incorporated into the City. Mr.
Harlicker stated that it was incorporated in 1978.
Board of Adjustments Minutes
October 22,2002
Page 2
Chair Pederson stated that he had no problem granting the variance,since the existing home
was built when the property was part of the old township.
Commissioner Jenson stated that the current owner purchased the property in 1995 and
should have been aware of the zoning in affect at that time.
Commissioner Anderson asked if the proposed 4-season porch would be the same size as
the existing deck. Mr. Lubrecht stated that the new porch will be 2 feet wider than the
existing deck. Mr.Lubrecht noted that a 10'x10'portion of the deck will remain and that the
proposed 4-season porch will be constructed at ground level. Commissioner Anderson
stated that he did not have a problem supporting the variance,since the existing deck already
encroaches into the setback.
Commissioner Ropp also supported the variance. He felt that there was adequate screening
to the rear of the property and granting the variance should not impact any of the neighbors.
COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY
BOB AND MARY LUBRECHT FOR A VARIANCE TO REDUCE THE REAR
YARD SETBACK FROM 30 FEET TO 15 FEET BASED ON THE FOLLOWING
FINDINGS:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE
HARDSHIP.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND
THE STRUCTURE INVOLVED AND WHICH ARE NOT
CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR
STRUCTURE IN THE SAME AREA.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS
ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS
ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER
THE TERMS OF THIS ORDINANCE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY
AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF
THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS
LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF
THE ORDINANCE.
COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
5. Other Business-None
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6. Adjournment
Board of Adjustments Minutes
October 22,2002
Page 3
There being no further business, COMMISSIONER ANDERSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER JENSON SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
The meeting of the Elk River Board of Adjustments adjourned at 7:12 p.m.
Respectfully submitted,
,
Debbie Huebner
Recording Secretary
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